For the lawyer, the ruling of the Constitutional Court and the agreement reached in the Senate last week that modify essential aspects of the Peace Agreement goes against the ruling approved by the very same Congress in the legislative act for peace, where it is established that all authorities at the time of implementation have to respect the spirit of the agreement.
The jurist points out that the State institutions are leaving the Havana agreement unrecognizable. About the Congress, the jurist says that what the Senate has done is to ”criminalize human rights defenders defining them non-impartial".
On the other hand, something that should be natural in law, that is the defense of human rights, is not taken into account, "that is to say that any jurist must respect human rights, that is not an option, be it as a magistrate, academic, prosecutor, the victims must be defended."
On what was approved by the Senate regarding the Selection Committee, for Santiago, it is a disrespect to the international community, since it is a Committee operated by persons chosen by the Secretary General of the UN, the European Court of Human Rights, among other international instances.
In this sense, the lawyer expects that the Constitutional Court with leave without effect "the vast majority of legal aberrations that were incorporated by a Senate that legislated ad hoc, and only for one of the actors in the conflict.” He also states that it is important that other institutions amend what the senators did, before the text of the Statutory Law of the JEP reaches the High Court.
Enrique Santiago, states that the exclusion of civilians or third parties in the JEP, involved in the armed conflict, "is to bless the party of impunity that has been a constant in the country." What was stirred in the Court on this issue, is in line with the "cynicism" with which the Colombian establishment uses the subject of victims, "everyone is full mouth to speak about victims, but when it comes to act, they fail to take effective measures to guarantee the rights of the victims".